Explore The NRA Universe Of Websites

APPEARS IN News

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

Tuesday, June 21, 2022

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

At present, federal law generally bars anyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federal law also imposes a lifetime firearm possession prohibition on those who have been convicted in any court of a “misdemeanor crime of domestic violence” (MCDV). Under the federal statute, in order for a misdemeanor conviction to trigger the firearm ban, the conduct must have been both “violent” and “domestic.”

First, to meet the violence” prong, the crime must have as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.” This may seem straightforward, but the U.S. Supreme Court has effectively read the violence” component out of the definition of MCDV.

In U.S. v. Castleman (2014), the U.S. Supreme Court determined that a persons use of physical force need NOT be violent in order to trigger the firearm prohibition. Rather, such physical contact may consist of only the slightest offensive touching” necessary for common law battery. In fact, under the common law battery standard, merely touching a persons clothing, bag, or something they are holding in their hand in a completely non-violent manner could give rise to a lifetime firearm prohibition.

Second, to meet the domestic” component, the crime must have been committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.” These are categories that are readily understood.

This current lifetime firearm prohibition for a MCDV treats the Second Amendment as a second-class right. No other fundamental, enumerated Constitutional right is permanently lost for a misdemeanor conviction. There is good reason that rights are not extinguished for a lifetime based on misdemeanor convictions. In addition to the law viewing misdemeanor conduct less harshly than felony conduct, misdemeanor defendants are not always provided with the same level of exhaustive due process as those charged with felonies.

Proponents of the original MCDV firearm prohibition contended that the supposed unique nature of domestic violence” required a firearm prohibition for those convicted of misdemeanors. They claimed domestic crimes that should have been felonies were often reduced to misdemeanors because abused spouses and children were reluctant to cooperate with prosecutors due to financial and emotional dependence on the abuser or a shared responsibility for raising children.  Therefore, it was argued, the only way to keep firearms away from these should-be violent felons was to prohibit those convicted of a MCDV from possessing guns.

Here is where the so-called boyfriend loophole” comes in.

Having done away with the violence” requirement of the MCDV prohibitor through the courts, gun control activists now want to eliminate the domestic” component by expanding the categories of relations that give rise to a prohibiting domestic violence” conviction to include a dating relationship.”

Under the current federal prohibition, boyfriends” and other intimates are already covered if the relationship has an actual domestic” component (children in common, cohabitation, etc.). Therefore, the proposed prohibition expansion to “dating partners” targets relationships without this domestic” component and lacks the justifications involving emotional and financial attachment or interdependence that gave rise to the original MCDV prohibition.

Given the complexity of human relationships, the fluidity of modern dating culture, and Congresss express attempt to go beyond an actual domestic” context, it is reasonable to ask: What constitutes a dating relationship?” Good luck trying to find out.

No matter what Congress might put in statute, it will be up to anti-gun Attorney General Merrick Garland and the federal courts to flesh out the details. And Americans can be certain that the gun control lobby will be there every step of the way to ensure the definition is interpreted as broad as possible.

Imagine how the elimination of the domestic” component of MCDV definition would interplay with the elimination of the violence” component that has already taken place. Extending MCDV prohibition offenses to “dating partners,” a broad, vague term that involves none of the interdependence that purportedly justified the original prohibition, is a clear example gun control opponents’ attempts to vastly expand the list of Americans prohibited from possessing firearms.  

The idea that there are “loopholes” for domestic violence perpetrators are false. The legal and criminal justice systems have the necessary tools to prohibit dangerous individuals from possessing firearms – including prosecuting felonious level conduct as a felony.

Domestic violence crimes can and should be taken seriously under the law. The NRA supports that, just as we support empowering the abused to defend themselves and their families. We what do not support is exploiting real problems, like domestic violence, to opportunistically target civil rights, like the Second Amendment and constitutional due process.

IN THIS ARTICLE
Domestic Violence Lautenberg
TRENDING NOW
Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

News  

Monday, March 9, 2026

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

How times have changed. A little over a year ago, the most anti-Second Amendment President ever and his executive branch’s gun control agenda “had gun owners under siege on all fronts.” 

The Incremental Assault on the Second Amendment Continues in the States

News  

Monday, March 9, 2026

The Incremental Assault on the Second Amendment Continues in the States

State “assault weapons” ban legislation continues to gain traction in various jurisdictions this legislative session.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

News  

Monday, March 9, 2026

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

On March 2, the U.S. Supreme Court held oral arguments in U.S. v Hemani, a case concerning the federal firearm prohibition on marijuana users. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.